Trademark registration for software and SaaS companies in class 9 and 42
Short answer
A software or SaaS company usually files in class 9 for downloadable software and class 42 for software as a service, after checking the name against registries. Trademarking screens the name, prepares the filing in your name and watches for lookalike products.
Check your product name
- Class 9 covers downloadable software and apps, class 42 covers SaaS and hosted software.
- US official fee is 350 USD per class, so a product sold both ways costs 700 USD to file.
- Founder plan: 99 USD monthly or 49 USD per month billed yearly, with monitoring of 3 marks.
Why software names get refused or copied
Software names crowd the same few words. Words like sync, flow, pilot and cloud sit in hundreds of registrations, and an examiner refuses a name that is too close to an earlier mark for related software. The cheapest moment to find out is before the domain, the app store listing and the logo are paid for. Run the name through an availability search first.
Copying is the other risk. A successful app attracts lookalike names within months. A registered mark gives you something to act on, and monitoring tells you about the lookalike filing while an opposition is still possible.
Which classes a software product needs
Read the class 42 guide and the class 9 guide before choosing wording. Use the office manual descriptions where you can, because free form text adds a surcharge and can narrow your protection.
| How you sell it | Usual class | Why |
|---|---|---|
| Desktop or mobile app users download | Class 9 | Downloadable software and apps |
| Web app or platform you host | Class 42 | Software as a service and hosted software |
| Both an app and a hosted platform | Class 9 and 42 | One application per class, one fee per class |
| Consulting, custom development | Class 42 or 35 | Depends on the exact services listed |
A software company workflow
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Step 1
Screen the product name
Check the name and close spellings against the USPTO and the markets you sell in.
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Step 2
Choose class 9, 42 or both
Match the way customers get the product to the class, with the office wording.
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Step 3
Prepare the filing
Your filing pack is assembled for the office, ready to file in the name of the company.
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Step 4
File and pay the office fee
You pay the official fee directly to the office.
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Step 5
Watch the register
Monitoring flags new software marks that sound or look like yours.
What it costs and which plan fits
Most early software companies start on Founder, which includes searches, one filing preparation per period and monitoring of 3 marks. Teams with several products or an acquired portfolio move to Business. See trademark registration cost for fees by office and the pricing page for plan limits.
Frequently asked questions
- Can you trademark software?
- Yes. Software names and logos can be registered as trademarks, usually in class 9 for downloadable software and class 42 for SaaS. The code itself is protected by copyright, not by a trademark.
- What trademark class is SaaS?
- SaaS falls in Nice class 42, which covers software as a service and hosted software. Downloadable apps fall in class 9, so a product sold both ways needs both classes.
- Should the company or the founder own the mark?
- Usually the company, so the mark stays with the business through funding or a sale. Filing in the wrong name can void the registration.
- Is the score legal advice?
- No. It is an estimate from public registry data. Read the disclaimer for the full picture.
Keep reading
General information as of 2026, not legal advice. Trademarking is not a law firm. Official fees are set by each office and paid to the office directly.